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2023 (7) TMI 688 - HC - Income TaxReopening of assessment u/s 147 - validity of order passed u/s 148A(d) - Period of limitation - HELD THAT:- We are in agreement with revenue that the notice dated 23.05.2022 issued u/s 148A(b) of the Act cannot be declared as being untenable in law, since even according to assessee the limitation qua AY 2019-20 would have expired only on 31.03.2023. Merely because there is a reference to the judgment of Supreme Court in Ashish Aggarwal’s case [2022 (5) TMI 240 - SUPREME COURT] which according to assessee would not apply qua the AY in issue, it would not render the notice untenable, as it is common case of counsel for parties that after 01.04.2021, notices could have been issued only under the new regime. Assessee cannot but accept that the notice dated 23.05.2022 has been issued under the new regime, i.e., u/s 148A(b) of the Act. Since proceedings on the very same aspects have been dropped in for the past AYs, that aspect required attention of the assessing officer - We are conscious of the fact that the rule of res-judicata does not apply, i.e., that each AY is different. That being said, if the reasons for reopening are consistently similar or same, the AO needs to apply the principle of consistency, before passing the assessment order. [See Radhasaomi Satsang [1991 (11) TMI 2 - SUPREME COURT] Revenue on instructions, states that personal hearing has already been granted to the authorised representative of the petitioner. AO will pass a speaking assessment order wherein the aforementioned aspect would be dealt with, i.e., that assertion that assessments have been completed for the AYs 2018-19 and 2020-21, involving aspects which are subject matter of the AY in issue. WP is disposed of, in the aforesaid terms.
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